Top court backs bullied boy's right to self-defense

School attack highlighted in latest guidelines on juvenile protection

China's Supreme People's Court has highlighted its strong stance on protecting children, including a landmark ruling recognizing a bullied student's knife attack as justifiable defense.

The court released details on Thursday of five influential cases involving minors, including an incident in Hunan province in May 2019 in which a 14-year-old student surnamed Jiang injured three classmates with a knife.

After an investigation, a court in Jishou, Hunan, found that 15 students had bullied Jiang by beating him, and he carried the knife to the washroom because he had been attacked earlier that day.

On July 6, 2020, the Jishou court identified Jiang's behavior as justifiable defense in line with the law, announcing that he should not be held criminally liable for the injuries.

The Supreme People's Court, agreeing with the lower court's judgment, said: "The injuries occurred when Jiang suffered school bullying at the hands of 15 people. In that urgent circumstance, it could be understood that he used a knife to defend himself.

"His counterattack was against the bullying, instead of those classmates, and his means were also moderate and didn't cause serious harm to the others.

"The case responded to a hot issue — school bullying — that severely harms students' physical and mental health. It has also shown the judicial effort in the protection of children being bullied, so as to provide a sound study environment for minors."

The court also issued a 42-article guideline strengthening juvenile protection and crime prevention measures.

The guideline mandates courts to identify bullying during other child-related cases and promptly notify schools or training institutions to arrange intervention. It also calls for following up on how educational departments address the issue.

Crimes like trafficking, kidnapping, violent assault and sexual assault against minors will be met with "zero tolerance" and harsh punishments, the guideline said.

The court emphasized a balanced approach, prioritizing education over punishment for minors. "We are tolerant but not indulgent," it said. "For minors with deep malice and extremely harmful behavior, especially those refusing to correct their mistakes, we will resolutely punish them according to the law."